Does anyone have knowledge of employment law?

[williams667]

Hi all,

First proper post on the forum as the title suggests does anybody know much about employment law?

The company that I currently work for is a sub contractor of BNFL and in order to do my job I require a site pass for Sellafield. I have worked for two other engineering companies prior to my current position both of which are required to provide a reference fro the mentioned site pass. One company has given it without a problem, however the other company gave a reference when I first started but now are saying due to company policy they are not obliged to give any more information than what they have already supplied.

Can they do this?

Is there a way that I can get the reference from them?

Many thanks in advance

Simon

 

[Ads]

I don't think you can force them to give you a reference.
Companies are not allowed to give a "bad" reference, but they are within their rights when refusing to give a reference.

 

[AjM]

Correct in that they do not have to provide a reference but they can of course provide a bad reference as long as it is not slanderous and anything they say in can be proven. IE You are late for work on a regular basis, they would need to be able to prove that with say electronic timecard data etc etc.

 

[williams667]

The reference is not required by my current employer it is required by sellafield nuclear site for my clearance.

This reference form only has a few questions on it though:
Name
Length of employment
Relationship to employer
Length of time known
Nature of relationship
Honesty of employee
Is the applicant suitable for work in the nuclear industry

Sign and date

without this reference I cant get the site pass I need to do my job. Therefore I will have lost earnings as a direct result of this.

 

[Ads]

but they can of course provide a bad reference as long as it is not slanderous and anything they say in can be proven. IE You are late for work on a regular basis, they would need to be able to prove that with say electronic timecard data etc etc.

They can????

I'd better sort out my timekeeping!!!

 

[Geordie Mike]

A lot of companies have moved to this as a standard. If you go through HR, that is what you will probably get. If you phone up your old boss (and didn't burn your bridges when you left) and discuss it you may be able to get something done by them without going through the "formal" HR channel.

 

[Keeno]

Correct in that they do not have to provide a reference but they can of course provide a bad reference as long as it is not slanderous and anything they say in can be proven. IE You are late for work on a regular basis, they would need to be able to prove that with say electronic timecard data etc etc.

Nope.

They can't write anything negative. However they can write "Bill is sometimes on time for work" implying that you're usually late, but it's technically a positive statement.

Also, an employer can outright refuse to give a reference. Basically the same as just writting "DO NOT EMPLOY" on a piece of paper and sending it in...

 

[sammi]

Is there no one else you can use either within the company or a different company all together,

I work in recruitment and would be happy to approach them on your behalf to see what I can find for you. (PM me all the info if you want me to try)

 

[unkle]

I would speak to the HR manager of the company that wont give you the reference and explain the situation, if nothing comes through that ask your old boss for a 'personal character reference'. Chances are if you worked for him for a while they might accept that.